Published — June 1, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
You may also read related article to notarial will and holographic will: Frequently Asked Questions on Wills, Succession and Inheritance
Under the New Civil Code (NCC) of the Philippines, there are two (2) kinds of Wills. The first one is referred to as Notarial Will. The second refers to a Holographic Will. Both wills must be in writing, and executed in a language or dialect known to the testator. In a previous article entitled, “What is a Will?” (please click here to access the article), it was discussed that testator refers to a person who has executed a will and who has a say and control on how he or she would dispose his or her estate. Notarial will and holographic will have practically the same effect which is the disposition of property to take effect after the death of the testator.
Let us first take a look at the first kind of Will – the Notarial Will. What is a Notarial Will? Under article 806 of the NCC, a notarial will is that which must be acknowledged before a notary public by the testator and the witnesses. In simpler words, a notary public refers to a lawyer who has lawfully obtained a commission or an authorization to perform notarial services such as acknowledgement of a notarial will in this case. The notarial will must be subscribed at the end of its terms by the testator himself or by the testator’s name written by some other person in his presence and by his express direction. If the testator is deaf, or deaf-mute, he must personally read the will if able to do so. If the testator is not able to read the will, he or she shall designate two (2) persons to read it and communicate to him the contents in some practicable manner. If the testator is blind, the will shall be read to him twice; once, by one (1) of the subscribing witnesses, and again by the notary public before whom the will is acknowledged.
The will must be attested and subscribed by at least three (3) credible witnesses and by one another. Credible witnesses refer to persons of sound mind and at least eighteen (18) years of age. Witnesses must not be blind, deaf or dumb. They must be able to read and write. Persons who are not domiciled in the country and those who have been convicted of falsification of a document, perjury or false testimony are disqualified under the law from being witnesses to a will. What if the credible and qualified witness who has attested the execution of a will become subsequently incompetent? Such shall not affect the validity of the will.
Finally, the attestation clause of the will shall state the following:
- the number of pages used upon which the will is written;
- the fact that the testator signed the will and its every page; or
- If the testator has caused some other person to write his name, under his direction, in the presence of the instrumental witnesses; and
- that the witnesses signed the will and all its pages in the presence of the testator and of one another
Please be guided and informed that the discussion on the Holographic Will, the second kind, will be posted on this same platform next week.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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